CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL ...

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CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 4, 2008 PAGE 24 of 34 Ms. Dana Burghdoff, Planning and Development Department Deputy Director, advised that clarification with regard to regulations that would apply to cityowned or controlled property was distributed to the Council at the dais, and read the clarification into the record. Add Subsection F to Section 3.307: F. Requirements for City-Owned or Operated Property City-owned or operated property shall not be subject to sections B, C, D, and E above. Large animals must either be kept at least 50 feet away from a regulated structure or be kept on the required pasture land as follows: 1. Large Animals, with exception of those listed in 2 below, shall require 10,000 square feet per animal. 2. Miniature horses, sheep and goats require 5,000 square feet per animal. Ms. Burghdoff added that this incorporated the requirements that existed today in the City Code and brought the requirements into the Zoning Ordinance and clarified how it applied to City property. De De Smith Ms. De De Smith, 8000 Lowery Road, appeared before Council and was undecided about the value of the proposed ordinance. She expressed concern with Section E of the ordinance, Non-conforming Use Standards, that stated “The large animal use may only be expanded if the use is brought into full compliance…” and explained how this section affected her property relative to the addition of large animals. She also inquired what document the City required to prove a property owner had animals on the property before the adjacent use was established. Ms. Burghdoff explained that if a property was legal non-conforming, the property owner was not able to expand the use of the property unless a special exception was approved from the Board of Adjustment. The benefit of registering with the City and establishing that the large animal use was there first, was that the animals or pasture area would not have to be moved. The procedure for establishing legal non-conforming status was an administrative procedure between the applicant and the City that employed various resources to determine if the use was in place prior to the neighboring use. She stated that staff recommended a six-month fee waiver for the special exceptions that would be brought back to the Council for formal action at another meeting.
CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 4, 2008 PAGE 25 of 34 Council Member Scarth expressed concern that a property would have to come into conformance if the owner added on to the existing structures or to the number of animals kept on the premises. He added that it seemed to be a bit onerous, particularly in certain situations. He asked if there was a period for obtaining the special exception without having to pay a fee. Ms. Burghdoff stated that staff proposed the six-month timeframe for waiving the fee for the special exception, but at any point in the future, a property owner would be able to apply for the exception when they wanted to add animals that expanded their legal non-conforming use. She estimated the fee would be a few hundred dollars. Albert Delaney Mr. Albert Delaney, 7216 Kuban, appeared before Council in support of the text amendment. He stated that the special exception fee was $400.00 and that he was in support of the ordinance with the exception of the distance requirement. Ms. Burghdoff explained that under today’s rules in residential zoning, the property owner had to reside on the same lot where the animals were kept. She proposed that one of Mr. Delaney’s issues was that he was not conforming with today’s regulations and under the proposed regulations the City was requiring that the property owner lived within one-quarter mile of the property where the animals were kept or seek a special exception. There being no one else present desiring to be heard in connection with the Text Amendment, Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that the zoning hearing be closed, Zoning Docket No. ZC-07- 225 be approved and the following ordinance be adopted as amended:
Page 1 and 2: Present Mayor Mike Moncrief Mayor P
Page 3 and 4: Agenda Item IX Consent Agenda OCS-1
Page 5 and 6: P-10745 Laboratory Supplies and Con
Page 7 and 8: C-22697 TCB, Inc. C-22699 Change Or
Page 9 and 10: Res. No. 3592-03- 2008 Support Low
Page 11 and 12: Public Hearing G-16067 Ord. No. 180
Page 13 and 14: G-16071 Provide Funds for Construct
Page 15 and 16: Public Hearing G-16075 Variance for
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Page 19 and 20: PZ-2775 Ord. No. 18002-03- 2008 Str
Page 21 and 22: G-16071 Ord. No. 18006-03- 2008 Ord
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Page 27 and 28: ZC-07-234 Approved ZC-08-001 Approv
Page 29 and 30: ZC-08-015 Approved ZC-08-016 Approv
Page 31 and 32: ZC-07-233 Continued Until March 18,
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CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL ...

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